Do I have a straight forward medical negligence claim?

Asked almost 4 years ago - Wilmington, OH

My mom has had cancer for many years. The medications she has been on haven't changed in years. She was given a Lyrica pill one time last year and she had to be rushed to the hospital because of it. Last week, she went back to the hospital for her leg pain from the cancer. The same Doctor prescribed Lyrica again. My dad couldn't be with her this time as he was having eye surgery. My mother is in the hospital in terrible shape because of this pill. She can't move, hardly speak, is in excruciating pain, and doesn't recognize any family member and fears anybody that comes near her. She isn't eating either. My mother was just like anybody else you see walking down the street just a week ago until she took this pill again. The doctor should have known never to prescribe this pill again

Attorney answers (4)

  1. Robert Craig McLaughlin

    Pro

    Contributor Level 4

    Answered . In Ohio, you generally have one year from the date of the alleged medical negligence to settle your claim or file suit. This is called the statute of limitations. So you have to act fast or you could be prevented from bringing a claim, regardless of its merit.

    In order to prove a medical negligence case you need to establish what the standard of care is for a doctor who is presented with a patient like your mother (i.e., age, medical conditions, symptoms, etc...); that the doctor breached the standard of care (i.e., the doctor did or didn't do something he should have); that the breach caused your Mother to be injured; and that she suffered damages.


    Medical negligence cases are complicated and expensive. They are complicated because of the medicine involved. They are expensive because expert testimony is necessary to prove the case and the experts have to be paid for their time reviewing records, testifying, etc... If you want to investigate this case further, I suggest you obtain a certified copy of your mother's medical records from before and after the incident and then contact an Ohio attorney who handles medical negligence cases. Good luck to you!

  2. Andrew Daniel Myers

    Contributor Level 20

    Answered . Your first priority is to see to it that your mom has the proper care to, if possible, get her back on track as much as possible. Once you are certain that the new doctors have properly treated her, and that she is on the mend, then, it is time to obtain all of the medical records and to get a consultation with a medical malpractice attorney. There is no such thing as a "straight forward" medical negligence claim. But, if your attorney can find a medical expert to state that the caare given to your mother fell below the average standard of care, and that this below standard care caused harm, then you will have a claim worth pursuing.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  3. Nima Taradji

    Contributor Level 16

    Answered . Because medicine is an art and not a science, things can go wrong without anyone being negligent.

    In order to find out whether your mother has a claim for medical negligence, a medical expert will have to review all her medical records and charts and give an opinion that what the doctor or hospital have done has fallen bellow the standard of care. If so, then you have a cause of action-if not, then you don't.

    Speak with a local attorney and discuss the fact. Generally, the initial consultations are free and there is no obligation. If you need a referral, you may do a search on Avvo and contact any number of attorneys who have a listing here.

    I hope this helps-

    Nima Taradji
    http://personalinjuryattorneyz.com

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

  4. Jeffrey Michael Donato

    Contributor Level 14

    Answered . I am so sorry to hear about your mom's condition. Her illness must be tough on her and devastating to the whole family. I wish her a speedy recovery.

    In my opinion as a NY attorney (not licensed in OH), it would probably be very difficult to prove that the Lyrica is the main cause of your mother's pain/suffering. Even though these events come up, it would be costly to hire a medical provider as an expert (which you would need to do) to say that this drug is what specifically caused your mom's pain. I don't want to see you waste time. Nevertheless, should you still wish to seek a consultation, do so quickly to avoid any issues with timeliness (statute of limitations issues). There are many fine attorneys in Ohio who will surely offer a Free Initial Consultation. Good luck.

    Jeffrey M. Donato, Esq., P.L.L.C.
    80 Orville Drive, Suite 140
    Bohemia, New York 11716
    Office (631) 244-1484
    Fax (631) 244-1418
    E-Mail: JeffreyDonatoEsq@AOL.com
    Web: www.LIINJURYLAWYER.com

    THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.

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